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HomeMy WebLinkAboutMIN 1995 0301 CC REGMINUTES OF THE CITY COUNCIL MEETING Moorpark, California March 1, 1995 A Regular Meeting of the City Council of the City of Moorpark was held on March 1, 1995 in the Community Center of said city located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Wozniak. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak and Mayor Lawrason Absent: Councilmember Hunter is absent because he was attending the memorial service of a close friend. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Lieutenant Marty Rouse, Sheriff's Department; Charles Abbott, City Engineer; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Deborah Traffenstedt, Senior Planner; Dirk Lovett; Assistant City Engineer; Jim McDonald, Building Inspector; Don Reynolds, Administrative Services Manager; Jill Rubin Myers, Solid Waste Coordinator; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Recognition of Sergeant Keith Parks, Ventura County Sheriff's Department. Mayor Lawrason presented a Certificate of Recognition to Sergeant Keith Parks for his service while assigned to the City. B. Recognition of newly assigned Ventura County Sheriff's Department personnel Senior Deputy Jeff Hill, and Deputy Robert Fleming. Mayor Lawrason introduced Senior Deputy Jeff Hill and Deputy Robert Fleming. Minutes of the City Council Moorpark, California Page 2 March 1, 1995 5. C. Awards of Appreciation for Community Volunteers - Monroe Everett, Richard Brecunier, David Stafford, Annabelle Sessler Mayor Lawrason indicated this item would be carried over to a future City Council meeting. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the the agenda to hear Item 11.J. Action /Discussion items. 6. PUBLIC COMMENT: Council determined to reorder first under the Don Wokal, P. 0. Box 352, Fillmore, addressed the Council regarding his building at 169 -173 High Street. He indicated that his building had been damaged in the earthquake and said he was having difficulty getting his building retrofitted. He said he wants to replace the back wall and retrofit the building, but he did not believe he was being treated fairly by the City and the Building and Safety Department. In response to Council question, Mr. Abbott indicated that Mr. Wokal had been sent a letter from the City stating that the building must be brought up to earthquake standards. He said the building is dangerous and must be retrofitted and that the City may have to go forward with condemnation if the repairs are not made. In response to Council question, Mr. Lovett indicated that to bring the building up to current code, Mr. Wokal's engineer said that a masonry wall is needed. Mr. Abbott said if the cost of the retrofit is over 50% of the cost of the building then the entire building has to be brought up to standard. Jim McDonald indicated that the east wall of the building is out of plumb more than can be considered safe. He said the adobe could not withstand a future earthquake. He said the process relative to the notice to abate is that after issuance, 45 days are allowed during which time plans may be submitted and a deadline for completion set. He said the decision can be appealed. Minutes of the City Council Moorpark, California Page 3 March 1, 1995 Mr. Aguilera indicated that provision for an appeals board has been established by the adoption of the Uniform Building Code but that the City needs to take action to appoint members. Councilmember Montgomery indicated that appointment of members to the appeals board should be agendized for the March 15 meeting if there is no resolution of this matter. Tony Bellasalma, 11823 Maplecrest Street, reported on the recent meeting of the Area Housing Authority held on February 22, 1995. He also reported on the Area Agency on Aging to which he served as an alternate. He said the Agency has received half a million dollars in earthquake funds. He said if there has been damage to senior residences that FEMA has not covered, seniors should contact the Senior Center at 529 -6864, extension 261 for additional information. Chris Frangos, 13145 Thomasville Court, requested that Item 11.E. be moved up on the agenda schedule. He requested that it become item two of the Action /Discussion items. CONSENSUS: By consensus, the Council determined to reorder the agenda to hear item 11.E. prior to 11.D. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. A. Consider Minutes of the Special Meeting of the City Council of February 1, 1995. Consider Minutes of the Special Town Hall Meeting of January 28, 1995. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 4 March 1, 1995 B. Consider Approval of Warrant Reaister. Manual Warrants 25466 -25472 $ 71,796.54 Voided Warrants 25272, 25350 & 25401 $ (159.72) Regular Warrants 25473 -25587 $445,672.61 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 95 -1104 for Approval of an Application for SB 821 Bicycle /Pedestrian Funds for FY 1995J96. Staff Recommendation: Adopt Resolution No. 95- approving an application for SB 821 funds for FY 1995/96 for the construction of sidewalks on Esther Avenue and Sherman Avenue. D. Consider Acceptance of Temporary Inaress /Earess and Construction Easement for Future Construction of New Los Angeles Avenue Adjacent to G &S Property (Mail Marketing). Staff Recommendation: Accept the temporary ingress/ egress and construction easement. E. Consider Amendment of Hidden Creek Ranch Partners (HCRP) Agreement and Professional Services Agreement with Michael Brandman Associates (MBA) Pertaining to Preparation of an Environmental Impact Report (EIR) to Revise the Total Cost and to Establish the Time Period for an EIR Certification Decision for the Specific Plan No. 8 Project. Staff Recommendation: Authorize the City Manager to approve the final language and sign the Third Addendum for the Agreement for Preparation of an Environmental Impact Report and Provision of Related Services for Specific Plan No. 8 Project and related entitlements as requested by Hidden Creek Ranch Partners L.P. (HCRP), and the Second Addendum to the Professional Services Agreement with Michael Brandman Associates (MBA) and Scope of Work for Preparation of an Environmental Impact Report and Provision of Related Services for Specific Plan No. S. a Minutes of the City Council Moorpark, California Page 5 March 1, 1995 9. PUBLIC HEARINGS: A. Consider Ordinance No. Revising Ordinance No. 189 (Zoning Ordinance) Regarding Garage Conversions which Occurred Prior to City Incorporation. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061(b)(3); and, 3) Introduce the Ordinance for first reading. Mr. Aguilera gave the staff report. He indicated that the City Attorney recommended that any agreement with a property owner relative to this matter should be recorded. Mayor Lawrason opened the public hearing. The City Clerk indicated that this was a properly noticed public hearing and the affidavit of publication of the public hearing notice was on file in her office. She further indicated there were no speaker cards for this item. Mayor Lawrason closed the public hearing. Councilmember Perez indicated his concern with the portion of the draft ordinance which says a cloud on the title would be recorded against the property. In response to Councilmember Perez, Mr. Aguilera indicated that one or two properties a year were discovered to have garage conversions that occurred prior to City incorporation. CONSENSUS: By consensus, the Council determined to include language that use of the garage conversion must have been continuous since the conversion. CONSENSUS: By consensus, the Council determined to delete the provision which would require a cloud to be recorded on the title by the owner of the property with the existing garage conversion and to put the owner on notice that he must comply with the regulations in this ordinance to reconvert the garage conversion to a garage when the property is sold. �'i Minutes of the City Council Moorpark, California Page 6 March 1, 1995 Councilmember Wozniak expressed his concern that the ordinance needed a more complete language revision than was possible this evening. Councilmember Perez expressed his concern with the ordinance as written and concurred that more revision is necessary. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to continue this matter to April 5, 1995 and to refer the matter to an Ad Hoc Committee consisting of Councilmembers Perez and Wozniak to effect a complete revision of the ordinance; the public hearing to be reopened. The motion carried by voice vote 4 -0; Councilmember Hunter absent for the vote. Mayor Lawrason reopened the public hearing. B. Consider Appropriation of the 1995/96 Communit Development Block Grant (CDBG) Fund Estimated to be $271,832.. Staff Recommendation: Open public hearing, receive public testimony and defer to the Budget and Finance Committee for a final recommendation to the City Council on March 15. Councilmember Perez indicated he would step down from the dais as there was a possible conflict of interest because of his membership on the E1 Concilio de Condado Board of Directors. CONSENSUS: By consensus, the Council determined to consider Items 9.B. and 9.C. simultaneously. C. Consider Reappropriation of the 1994/95 Communit Development Block Grant Fund for First Street Improvements Estimated to be $25,300. Staff Recommendation: Open public hearing, receive public testimony and consider the reappropriation of these funds with the appropriation of 1995/96 and defer to the Budget and Finance Committee for a final recommendation to the City Council on March 15. Mr. Reynolds gave the staff report. He said one proposal was received by the City after the deadline requesting assistance for the homeless. The request is for $1,600.00 Mayor Lawrason opened the public hearing. Minutes of the City Council Moorpark, California Page 7 March 1, 1995 The City Clerk indicated that both Items 9.B. and 9.C. were properly noticed public hearings and the affidavits of publication are on file in her office for both items. Ron Komers, 800 S. Victoria, Ventura, addressed the Council as Personnel Director for the County of Ventura. He requested CDBG appropriations totalling $8,000 for the Entrepreneur Academy. Don Gatewood, 4568 Saviers Road, Oxnard, addressed the Council and requested an appropriation of $12,500 for the Association for Retarded Citizens. He indicated they serve approximately eight people from the City of Moorpark. Pamela Grothe, 702 County Square Drive, Ventura, addressed the Council requesting funds in the amount of $22,000 for the Alcohol and Drug program. She said the $22,000 being requested is for handicapped accessibility retrofit. In response to Council question, she indicated some other agencies were being asked to provide the following contributions: County of Ventura $478,000; Fillmore $10,000; Ojai $21,000; Ventura $23,000; Simi Valley $20,300. Cathy Thurman, 625 North A Street, Oxnard, requested $6,000 to continue Moorpark Project Pride, which is an El Concilio de Condado program. In response to Councilmember Montgomery, she said the total requested from the City is $26,000 which includes a $20,000 budget request and $6,000 CDBG request. Gail Reddington, 7176 University Drive, addressed the Council requesting funds for the Ventura County Literacy Program. Roy Ballard, 1632 La Jolla Drive, Thousand Oaks, addressed the Council requesting funds for the Long Term Care Ombudsman Program. Mayor Lawrason closed the public hearing for Items 9.B. and 9.C. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to defer this item to the Budget and Finance Committee for a final recommendation to the City Council on March 15, 1995. The motion carried by voice vote 3 -0, Councilmembers Hunter and Perez absent for the vote. Minutes of the City Council Moorpark, California Page 8 March 1, 1995 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to consider the reappropriation of these funds with the appropriation of 1995/96 CDBG funds and to defer this item to the Budget and Finance Committee for a final recommendation to the City Council on March 15, 1995. The motion carried by voice vote 3 -0, Councilmembers Hunter and Perez absent for the vote. Councilmember Perez returned to the dais. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 9:15 p.m. The Council reconvened at 9:37 p.m. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason announced the Craft Fair to be held on March 11. Councilmember Perez reminded the public that there would be a Citizenship Workshop at Moorpark College on Saturday, March 4. Councilmember Perez wished his wife a Happy Anniversary; twenty -six years today. 11. ACTION /DISCUSSION: J. Consider City Council Minute Action of October 5, 1988 Pertaining to Second Driveways for Residential Areas. Staff Recommendation: Direct staff as deemed appropriate. The staff report was deferred. Councilmember Wozniak recommended that the policy issue be referred to the Streets and Transportation Committee to formulate a recommendation to the full Council and that Mr. Bravo's zoning clearance be approved. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to refer the development of a policy to the Streets and Transportation Committee and to approve a zoning clearance for Mr. Bravo. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. A. Consider Use of City Marquee Signs by City Based Community Organizations. Staff Recommendation: Direct staff as deemed appropriate. (Continued item) Minutes of the City Council Moorpark, California Page 9 March 1, 1995 Mr. Kueny commented that this item was on the agenda at the request of Councilmember Hunter to explore the possibility of allowing the City's three marquee signs to be used by nonprofit groups. He noted that if the marquee signs were used in this way, the City would not be able to control the message placed on the marquee signs. He suggested that if the Council was interested in allowing nonprofit groups this privilege, the Council might want to consider an amendment to the zoning code to allow a one time a year use if their own signs were placed on private property. He suggested the Council might want to refer this to committee or direct staff to bring back a resolution for consideration to direct staff to amend the zoning code. Councilmember Montgomery indicated that he believed this item should be tabled. He said it is a nice idea and a good thought, but not appropriate at this time. Councilmember Perez indicated his concurrence with tabling the item. Mayor Lawrason indicated his concern with the inability to regulate the message on the marquee sign if this was allowed. CONSENSUS: By consensus, the Council determined to table this item. B. Consider Status Report on 1994/95 Goals and Obiectives. Staff Recommendation: Receive verbal status report. (Continued item) CONSENSUS: By consensus, the Council determined to reorder this item to the end of the action /discussion items. C. Consider Appropriation of Funds for Chamber of Commerce Business Directory. Staff Recommendation: Approve an appropriation for the Chamber of Commerce Business Directory in the amount of $5,000 from the General Fund undesignated reserve to account no. 01.4.117.631. Mr. Hayes gave the staff report. In response to Council question, Mr. Kueny indicated that the projected cost of the publication was approximately $24,000. Debbie Rodgers Teasley, representing the Moorpark Chamber of Commerce, addressed the Council. She Minutes of the City Council Moorpark, California Page 10 March 1, 1995 thanked Councilmembers Perez and Hunter and the City Manager for their recent meetings and support in this matter. She indicated the directory will be delivered to every home in the City and that it is published by the Chamber and will be printed and produced within the City of Moorpark. In response to Councilmember Montgomery, Ms. Teasley said the Chamber's original request had been $9,000. Ms. Teasley also mentioned her support for Item 11.H. on this evening's agenda. Councilmember Perez indicated that the $5,000 recommendation of the Economic Development /Affordable Housing Committee rather than the $9,000 initially requested by the Chamber is a result of budget considerations. Mayor Lawrason indicated that there is a payoff to the community in the support of this directory. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff and Economic Development /Affordable Housing Committee recommendation that the City Council approve an appropriation for the Chamber of Commerce's Business Directory in the amount of $5,000 from the General Fund undesignated reserve to account no. 01.4.117.631. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. E. Consider_ Report Pertainincr-to the Zones of Benefit within Assessment District 84 -2. Staff Recommendation: The City Council not transfer any of the zone assessments to the Citywide Landscape Maintenance Assessment. Mr. Gilbert gave the staff report. Chris Frangos, 13145 Thomasville Court, addressed the Council regarding Assessment District 84 -2. He said the rationale of the City as outlined is that landscaped communities are only an amenity for the development. He said in his development some slopes are not common property, but the homeowners actually own the property. He said taxes are being collected to maintain private property that the City has an easement on. He stated his belief that alternative C -3 in the. staff report should be considered and that proposal C -4 is a compromise position. Mr. Frangos read a letter from Dan Wallman, who lives on Laurelhurst in Moorpark, Minutes of the City Council Moorpark, California Page 11 March 1, 1995 who requested the Council to reduce the zones of benefit maintenance costs as outlined in C -3 of the staff report. Eloise Brown, 13193 Annette Street, said she was in agreement with the staff recommendation. Bill Poleri, 6863 Trojan Court, said he believes the City should make an equitable assessment. Councilmember Perez indicated his agreement with the staff recommendation. He commended staff on their report. Councilmember Montgomery said he believes taxes should be sufficient to include this type of service. He said he usually votes against the assessment district because there are 2500 homes that do not have street lights yet they pay for a street light assessment and those are two reasons he is not supportive of the assessment district. He said relative to the zones of benefit, however, he is in agreement with the staff recommendation. Mayor Lawrason indicated that he was not in favor of making any changes at this time. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to determine not to transfer any of the zone assessments to the citywide landscape maintenance assessment. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider Conceptual Street Reconstruction Protects. Staff Recommendation: Review the preliminary plans and design criteria, comment and revise as desired (including the addition or deletion of portions of work), and direct staff to proceed with the final design. Mr. Gilbert gave the staff report. Councilmember Wozniak indicated he would like consideration of some accommodation for Bard Street and High Street in front of The Gas Station clothing store. Councilmember Montgomery suggested allowing the Transportation and Streets Committee to look at a rolled curb at this location prior to the final plans. Minutes of the City Council Moorpark, California Page 12 March 1, 1995 CONSENSUS: By consensus, the Council determined to direct staff to proceed with the final design after the Transportation and Streets Committee reviews a possible rolled curb at Bard and High Street in front of The Gas Station clothing store. F. Consider FY 1995/96 National Pollutant Discharge Elimination System (NPDES) Assessment. Staff and the Budget and Finance Committee Recommendation: 1) Set April 5, 1995, as the date of a public hearing to formally consider the levy of an NPDES assessment for FY 1995/96; 2) Determine the preliminary amount of the City NPDES assessment for FY 1995/96, to be set forth in the public hearing notice for said hearing. Mr. Gilbert gave the staff report. Mayor Lawrason indicated his outrage that the City must spend $265,000 because of this unfunded mandate. Councilmember Wozniak said he wanted to publish in the Public Hearing Notice that this is an unfunded federal mandate. In response to Council question, Ms. Kane indicated that she believed any information that the Council wanted could be inserted into the public hearing notice as long as the implementation plan agreement did not disallow it. Councilmember Montgomery stated his belief that it was unconstitutional for the Federal government to place on a local government an unfunded mandate. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to set April 5, 1995 as the date of a public hearing to formally consider the levy of an NPDES assessment for Fiscal Year 1995/1996 and to determine the preliminary amount of the City NPDES assessment for fiscal year 1995/96 to be $33.00. The motion carried by voice vote 3 -1, Councilmember Wozniak dissenting and Councilmember Hunter absent for the vote. G. Consider Resolution No. 95 -1105 Establishing a Solid Waste Collection Rate Increase to Multi- family Can Service Rates in Zone III, and Amending Section 1 of Resolution No. 94 -1091 for the Purpose of Updating the Solid Waste Management Fees and Services. Staff Recommendation: Approve Resolution No. 95 -1105 isr .p N " Minutes of the City Council Moorpark, California Page 13 March 1, 1995 establishing the monthly solid waste collection rate increase to multi - family can service rates in Zone III in the amount of $1.14 and amending Section 1 of Resolution No. 94 -1091 for the purpose of updating the Solid Waste Management Fees and Services. Ms. Myers gave the staff report. She said the proposed Zone III rate increase of $1.14 included $.20 recycling and $.50 AB939 increases. Councilmember Montgomery requested that a letter be sent to each of the 250 homeowners to notify them of the increased rate for the solid waste service. Ms. Myers explained that G.I. Rubbish previously invoiced the homeowners association rather than directly bill each homeowner. The homeowners' association has requested that G.I. Rubbish bill each individual homeowner, G.I. Rubbish has requested that the rates set by the City Council for the Varsity Park Patiohomes (Zone III) be amended to reflect the single - family monthly rate of $17.40 charged citywide. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the monthly solid waste collection rate increase to the multi- family can service rates in Zone III in the amount of $1.14; to adopt Resolution 95 -1105 amending Section 1 of Resolution No. 94- 1091 for the purpose of updating the solid waste management fees and services. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. H. Consider City Policy for Buying Products from Local Vendors. Staff Recommendation: Adopt the policy as presented. Mr. Reynolds gave a brief staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt the local purchasing policy as presented in the Administrative procedures attached to the staff report dated February 17, 1995. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. I. Consider Expansion of Housing Rehabilitation Program to Homes Outside the Project Area and the Appropriate Funding. Staff Recommendation: Direct staff as deemed appropriate. Mr. Hayes gave the staff report. Minutes of the City Council Moorpark, California Page 14 March 1, 1995 Mayor Lawrason expressed his concern regarding going out of the Project Area for rehabilitation projects. Councilmember Montgomery said the purpose of establishing the project area was to help those people and facilities within it. He said perhaps another Redevelopment Project Area needed to be established. He said he was opposed to using the Villa Campesina repayments for anything but to help others build homes. He said this was a renewable program wherein the funds were repaid to the City so additional new homes could. be built. Councilmember Perez indicated his concern that the city needed to designate some funds for rehabilitation of homes in areas outside the Redevelopment Agency project area. MOTION Councilmember Montgomery moved and Councilmember Perez seconded a motion to defer this matter until March 15, 1995 when 1995/96 CDBG funds would be allocated. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. CONSENSUS:_ By consensus, the Council determined to continue the Goals and Objectives to the meeting of March 15. 12. ORDINANCES: A. Consider Second Reading and Ado-ption of Ordinance 1 Revisions to Ordinance • S• (Zonina Ordinance) Regarding Development Standards for Downtown and Theater Parking. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 205 read for the second time. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Ordinance No. 205 as read. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 15 13. CLOSED SESSION: March 1, 1995 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for Items 13.A., 13.B., and 13.D. as listed on the agenda. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) to Section 54956.9 of the Government Code: (Number of cases to be discussed - two) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: D. W. Burhoe Construction, Inc. vs. City of Moorpark The motion carried by voice vote 3 -1, Councilmember Montgomery dissenting and Councilmember Hunter absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:15 p.m. The Council reconvened into Closed Session at 11:15 p.m. Present in Closed Session were all Councilmembers, but Councilmembers Hunter and Perez; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:16 p.m. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to reject the Southworth claim and so notify the claimant. The motion carried by voice vote 3 -0, Councilmembers Hunter and Perez absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to reject the Lady claim and so notify the claimant. The motion carried by voice vote 3 -0, Councilmembers Hunter and Perez absent for the vote. The Council adjourned to Closed Session at 11:17 p.m. Minutes of the City Council Moorpark, California Page 16 March 1, 1995 Present in Closed Session were all Councilmembers, but Councilmember Hunter; Steven Kueny, City Manager; Richard Hare Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:19 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only Items 13.A., 13.B. and 13.D. were discussed. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 11:19 p.m. Paul W. Lawi' on Jr . , r ATTEST: